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Wood's Collyer on the Law of Partnership: With an Appendix of Forms
Horace Gay Wood,John Collyer
No preview available - 2015
accepted action administrators aforesaid agreed agreement amount appear applied assigns authority bank bankrupt bankruptcy become bill bond brought called capital carried circumstances claim common concern consideration considered continued contract copartners court covenant creditor dealings death debt debtor deceased deed defendant demand directors discharge dissolution effects entered entitled equity evidence execution executors fact firm give given ground held interest issued John joint jointly judgment liable Lord manner matter meeting ment necessary notice observed obtained officer owners paid parties partnership payment person plaintiff plea present principle profits proprietor prove purchaser question received recover remaining respect retirement rule separate shareholders shares ship sued sufficient suit surviving partner taken thereof tion tort trade transfer trustees unless
Page 1052 - Act annexed, or as near thereto as the Circumstances of the Case will admit...
Page 1134 - ... be admissible in evidence for or against him, shall at the trial be indorsed on the record or document on which the trial shall be had, together with the name of the party on whose behalf he was examined, by some officer of the court, at the request of either party, and shall be afterwards entered on the record of the judgment; and such indorsement or entry shall be sufficient evidence that such witness was examined, in any subsequent proceeding in which the verdict or judgment shall be offered...
Page 1577 - Now this Indenture Witnesseth, That in pursuance of the said agreement, and in consideration of the sum of...
Page 1647 - And be it enacted, that if any person against whom the company shall have any claim or demand become bankrupt, or take the benefit of any act for the relief of insolvent debtors...
Page 1427 - That all payments really and bond fide made, or which shall hereafter be made, by any bankrupt, or by any person on his behalf, before the date and issuing of the commission against such bankrupt, to any creditor of such bankrupt (such payment not being a fraudulent preference of such creditor), shall be deemed valid, notwithstanding any prior act of bankruptcy by such bankrupt committed...
Page 899 - But this is the case of a banking account, where all the sums paid in form one blended fund, the parts of which have no longer any distinct existence. Neither banker nor customer ever thinks of saying, this draft is to be placed to the account of the 500/. paid in on Monday, and this other to the account of the 5001. paid in on Tuesday.
Page 900 - In such a case there is no room for any other appropriation than that which arises from the order in which the receipts and payments take place, and are carried into the account. Presumably, it is the sum first paid in, that is first drawn out. It is the first item on the debit side of the account that is discharged or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other. Upon that principle, all accounts current are settled,...
Page 1403 - Parliament, and that it shall not be lawful for any body politic or corporate whatsoever created or to be created, or for any other persons whatsoever united or to be united in covenants or partnership exceeding the number of six persons in that part of Great Britain called England, to borrow, owe, or take up any sum or sums of money on their bills or notes payable on demand or at any less time than six months from the borrowing thereof...
Page 1404 - Bankruptcy, and all other Proceedings at Law or in Equity to be commenced or instituted for or on behalf of any such Copartnership against any Person or Persons, Bodies Politic or Corporate, or others, whether Members of such Copartnership or otherwise, for recovering any Debts or...